Alex. Sprunt & Sons v. May
Supreme Court of North Carolina
Appeal from Peebles, J., at April Term, 1911, of New HaNOVER. Civil action to recover damages for an alleged breach of a written contract for delivery of cotton.
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Appeal from Peebles, J., at April Term, 1911, of New HaNOVER. Civil action to recover damages for an alleged breach of a written contract for delivery of cotton. Tbe evidence on part of plaintiff tended to show that on 9 September, 1909, defendant entered into a written contract with plaintiff, agreeing to deliver 100 bales of cotton at Trenton, N. C., between 15 September, 1909, and November, at the price of 12 cents per pound, and plaintiff agreed to accept same and pay the stipulated price. That defendant had failed to deliver said cotton or any part thereof, to plaintiff’s damage $1,000.…
1DissentWalKER, J.
I regret always to differ from my brethren; but when an important and valuable right of tbe citizen, which, in my opinion, is recognized by tbe law, is abridged or impaired by a decision of tbis Court, it is my clear duty to enter my dissent, and, when required, as is tbe case here, to give my reasons therefor. I cannot agree to tbe proposition which seems to form tbe basis of tbe Court’s opinion, tbat tbe exception in tbe statute, Revisal, secs. 1689, 1690, as to purchases or sales by manufacturers and wholesale merchants of tbe necessary commodities used in their, business, is restricted to…
2Cases cited7 opinions
- Kramer v. RebmanSupreme Court of Iowa · 1859
- Brunhild v. . FreemanSupreme Court of North Carolina · 1877
- Bailey v. . RutjesSupreme Court of North Carolina · 1882
- Pendleton v. . JonesSupreme Court of North Carolina · 1880
- Barker v. BellSupreme Court of Alabama · 1871
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